Non-entry into force of the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009: An analysis from the perspective of India, Pakistan and Bangladesh

ABSTRACT The importance of ship-breaking industry cannot be underestimated in the developing countries, where a majority of the world’s dead ships is exported for getting recycled. The five countries which recycle the maximum number of ships are India, Pakistan, Bangladesh, China, and Turkey. Only Turkey among these has ratified the IMO (International Maritime Organisation) Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009, which has not yet entered into force. The Hong Kong Convention presents a comprehensive legal framework comprising of provisions for various stages involved in ship-breaking. The sooner it enters into force, the better it will be for the ship-recyclers and ship-owners. India, Pakistan, and Bangladesh together recycle over 90 per cent of the tonnage, but many obstacles hinder India, Pakistan, and Bangladesh from becoming parties to the Convention. This paper analyses why it is imperative for India, Pakistan, and Bangladesh to become parties to the Convention. Further, it discusses the various environmental and social hazards associated with ship-breaking at ship-breaking yards within the three countries, with particular emphasis on the debate surrounding the method of “beaching”. Lastly, the paper discusses various sustainable solutions that could possibly form part of a transitional phase, which might give these countries the desired timeline for adapting to globally acceptable standards and eventually paving the way for ratification of the Convention.